Philippine Bar review · Question

Practice question: Commodatum

Multiple Choice Hard

Practice question

A bailee has borrowed a particular camera for a fixed period. Before the period expires, the bailor proves an urgent need for temporary use and demands it under Article 1946. The bailee argues that the fixed period categorically prevents any temporary return. Which answer is correct?
  1. A fixed period eliminates the express urgent-need exception.
  2. The bailor may demand only ownership transfer to a stranger.
  3. The bailor may demand temporary use on urgent need, and commodatum is suspended while the thing is in the bailor's possession.
  4. The temporary use automatically cancels all past obligations.
  5. The bailee may sell the camera to prevent return.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1946.

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